What Happens After I’m Arrested in Macomb County?

A Step-by-Step Guide from a Local Criminal Defense Lawyer

Being arrested in Macomb County can be a frightening and confusing experience — especially if it’s your first time dealing with the criminal justice system. Whether you were taken into custody for OWI, domestic violence, DUI, retail fraud, assault and battery, or another charge, knowing what to expect can make a huge difference in how you handle the situation.

As a Macomb County criminal defense attorney, I’ve guided hundreds of clients through the local court process. Here’s what typically happens after an arrest in our area — and how you can protect your rights from the very beginning.

1. The Arrest and Booking Process

After an arrest, police will usually take you to the local police department for booking. This includes fingerprinting, photographs (mugshots), and recording personal information. You may be held overnight or until a court can set bond.

In Macomb County, arrests are handled by various city police departments — such as Warren, Sterling Heights, Clinton Township, or Roseville — or by the Macomb County Sheriff’s Office. Where your case starts depends on the location and the charge.

2. Setting Bond and Release Conditions

Within 72 hours, you’ll usually see a judge or magistrate for an arraignment. If you are not arraigned within 72 hours, the jail will have to release you while the case continues to be investigated. For other lower level offenses that do not require an arrest, you will receive a citation and court notice to appear for an arraignment. Other times, prosecutors will conduct an investigation and issue an arrest warrant. Regardless of how your case initially begins, most cases begin with an arraignment, where:

• You’re formally told what you’re charged with
• The judge sets a bond (bail) amount or conditions of release
• A no-contact order may be issued in domestic violence cases
• You’re advised of your right to an attorney

Having a lawyer at this stage can make a big difference. The arguments made during bond hearings often determine whether you go home or stay in jail until trial. Also, for certain lower level offenses, Barnwell Law can waive your arraignment and save you a court date and additional stress.

3. The Arraignment and Plea Entry

At the arraignment, you’ll enter an initial plea — almost always “not guilty.”
This preserves your right to challenge the evidence and negotiate later.

If you want personalized attention and a defense built around your goals, you can hire your own private defense counsel right away. In fact, you will have a much better chance obtaining a Personal Bond, or lower cash bond, with a retained attorney at your side who is known and trusted by the Courts. When you retain and hire your own lawyer, the courts will reason that you are financially invested in the case, taking it seriously, and pose less risk of flight.

4. Pretrial Conferences and Negotiations

After arraignment, your case moves into pretrial conferences. This is where most criminal cases are resolved. Your attorney will:

• Review the police reports, dash/body-cam footage, and witness statements
• File motions to suppress evidence if your rights were violated
• Negotiate with prosecutors for a dismissal, plea reduction, or diversion program

In Macomb County, pretrial hearings are held in the district courts (for misdemeanors) or the 16th Circuit Court in Mount Clemens (for felonies). Note: Felony cases will begin with an Arraignment in District Court, followed by a Probable Cause Conference and Preliminary Exam in District Court. If not dismissed at that stage, pretrial conferences for felonies will then take place in the Circuit Court on later dates.

5. Trial or Resolution

If the case cannot be resolved favorably, it proceeds to trial — before either a judge or jury. At trial, the prosecution must prove each element of the charge beyond a reasonable doubt.

Many clients worry about this stage, but remember: skilled defense work often leads to dismissals or reduced charges before a trial ever happens. I have represented many defendants in both misdemeanors and felonies and have secured Not Guilty verdicts throughout Macomb County and beyond in Michigan and Florida. In fact, I thrive on trial work.

6. Sentencing (If Convicted or Plea Agreement Reached)

If convicted or if you take a plea, the judge will impose a sentence — which may include fines, probation, community service, or jail time. In some first-offense cases, your attorney can request deferrals or delayed sentences (for example, under MCL 769.4a in domestic violence cases or HYTA for younger defendants), which may keep your record clean if you complete certain conditions. Keep in mind, even with HYTA, a “769” or even expungement, there will always remain a private government record. Also, these dispositions can still have immigration consequences that could result in removal or deportation. However, for most defendants, a “7411” disposition for a first time drug possession offense or a “HYTA” disposition for a defendant under the age of 26, are extremely valuable in shielding your criminal case from the vast majority of the public.

7. Protecting Your Rights from Day One

The most important step after any arrest in Macomb County is simple:
👉 Do not talk to police or prosecutors without legal representation.

Even seemingly harmless statements can be used against you later. A lawyer can handle communications, guide you through court appearances, and help you avoid common mistakes that can hurt your case. As I always tell clients, nobody ever talks themselves out of being charged with a crime. But they will talk themselves into it.

Speak With a Local Macomb County Defense Attorney

If you or a loved one has been arrested in Macomb County, you don’t have to face it alone. I’ve represented clients in every single district court in the county countless times — including Warren (37th), Sterling Heights (41-A), Roseville (39th), Clinton Township (41-B), and the 16th Circuit Court in Mount Clemens.

Every case is different, and your defense should be too.
Call Barnwell Law, PLLC today at (810) 394-2952 or contact us online for a free, confidential consultation.